ATLANTA — On Friday afternoon, a federal judge halted part of Georgia Senate Bill 63 (S.B. 63) from taking effect while a lawsuit filed on behalf of Barred Business Foundation and two individuals, John Cole Vodicka and Steve Williams, proceeds.
This order prevents the severe restrictions on charitable bail activity and the criminalization of charitable bail work contained in S.B. 63 from taking effect as it was scheduled to do on July 1.
“We are encouraged by the judge’s ruling and its recognition that this law is unnecessary, harmful, and likely unconstitutional. We are relieved for our Plaintiffs and the many people across the state that they serve. It's unconscionable that people doing charitable bail work would face criminal penalties simply because they are helping people who are languishing in jail because of their poverty and have no other means of relief,” said ACLU of Georgia Legal Director Cory Isaacson.
“SB 63’s restrictions on charitable bail activity irrationally criminalize the Plaintiffs’ expressions of justice and kindness,” said ICAP Special Litigation Counsel Joseph Mead. “I’m glad that Plaintiffs and others similarly situated will be able to continue to do their good work and exercise their constitutional rights while the litigation proceeds.”
Barred Business is an Atlanta-based nonprofit that serves and supports justice-impacted individuals, including by facilitating campaigns to pay cash bail for people held in pretrial detention. Vodicka and Williams live in Athens and run a charitable bail fund in association with their church, freeing people detained in jail because of their poverty. Their charitable bail efforts are an expression of their religious faith, which they believe compels them to do this work.
The Plaintiffs have requested a temporary restraining order and expedited preliminary injunction against the provisions of the law that would, subject to criminal prosecution, prohibit them and others similarly situated from posting more than three charitable cash bonds per year, and would impose burdensome licensing requirements that are unnecessary and nonsensical for charitable funds. These restrictions violate multiple constitutional rights, including Plaintiffs’ First Amendment rights to freedom of speech, association, and religion. They sought swift action because Plaintiffs and others will be forced to stop their work helping people languishing in jail solely on account of their poverty by July 1, or face criminal penalties.
The ACLU of Georgia enhances and defends the civil liberties and rights of all Georgians through legal action, legislative and community advocacy, and civic education and engagement.
The Institute for Constitutional Advocacy and Protection is a nonprofit, nonpartisan institute within Georgetown University Law Center that uses strategic legal advocacy to defend constitutional rights while working to restore confidence in the integrity of our governmental institutions.
The temporary restraining order is available here.